Whether counsel's failure to subject the government's case to strict adversarial testing, by reason of a fickle, bare-bones 'mere presence' theory of defense, elements of 'consent to search' rule, constituted ineffective assistance of counsel

No question identified. : h we ae a . . ! i soo, weed -! o ' ~4 . CONSTITUTIONAL QUESTION WHETHER COUNSEL'S FAILURE TO SUBJECT THE GOVERNMENT'S CASE TO STRICT ADVERSARIAL TESTING, BY REASON OF A FICKLE, BARE-BONES 'MERE PRESENCE' THEORY OF DEFENSE, ELEMENTS OF 'CONSENT TO SEARCH’ RULE, CONSTITUTED INEFFECTIVE ASSISTANCE OF COUNSEL. COUNSEL WAS ALSO GROSSLY . INEFFECTIVE FOR NOT ARGUING A FATAL MATERIAL VARIANCE OR CONSTRUCTIVE AMENDMENT ON THE POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE CHARGE, WHERE THE ELEMENTS OF DISTRIBUTION WERE NOT PROVEN. : RECEIVED SEP 10 2019 ° OFFICE OF THE CLERK SUPREME COUST. U.S. ' d